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� � . ' C. Breucfi of the terms of this Confract by the Developer shall be grounds for deniat of building germits,inciuding those for lots sold to third perties. . D. If any portion, section, subsection, sentence, ctat�se, paragraph, or phrase of this � ' Coniract is for any reason held invalid,sach decision shnll not affect the vulidity of the remaining port'tons of this Contrxct. , E. Overali site grading, property Iine swaies and one lift of asphalt sha9l be instailed' on ail streets prior to issuance of any bttitding permits. . P. .If huilding perniits are issued prior to the completion of aIl Improvements, the I?eveloper assumes ali liability and costs resulting in delays in completion of Tmprovements and damage to Improvemenfs cAused by the City, bevelopar, its contractors, subcontractors, material men, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on�eifher a � � temporary or permanent basis until the streets needed for access have been paved with at 3east one l�ft of bituminous surface and the utilities aze accepked by tha City Engineer in writing. � G. 'T�e action or inaction of the City shatl not canstitute a�vaiver or amendment to the �rovisions of this Contract.To be binding,amendments or waivers shpil be in writing, signed by the parties � « and approved by written reso(ution of the City Council. The City's failure to promptly take legr�l action to enforce this Contract shatl not be a waiver or releAse. � H. This Contract shall run with the Land ar�d rnay be recorded against the Land.The Devetoper covenants with the City,its successors and assigns,that the Developer is weU seized in fee title of the Land and/or has obtained consents to this Contruct, in the form attached hereto, from�all parties who . have an i.nterest in the Land; that there are no unrecorded interests in ttte Land;and thaE the Developer will . . i��demnify and hold the City harmiess for any breach of the foregoing covenants. , , I. Each right,�po�ver or recnedy herein coi�ferred upon the City is enmulative and in addition to every other ri,gt►t,power or remedy,express or implied,now or hereafter arising,avAilable to the City,at la�v or in equity,or under any other agreement,and each and every.right,power and remedy herein set forth or othenvise so existing may be exercised frotn tictie to time as often and in such order as•may be' 152891v03 ' ' 14 �RONO;Kn+r�xeTwo ' SbI14f/sm:rO7fz3120t0 {AndradeLnndCompany/MacKinnon)